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international humanitarian law is to be considered in, for example, the case of children under
15 years of age, orphaned or separated from their families as a result of international armed
conflicts.21 This is also the case of provisions on contemporary forms of slavery22 and
international labour standards on child labour and forced labour.23
38. Treaty bodies have issued general recommendations providing guidance to ensure the
respect of human rights in the context of migration. This is the case of the two general
recommendations on non-citizens issued by the Committee on the Elimination of Racial
Discrimination,24 general recommendation No. 26 on women migrant workers issued by the
Committee on the Elimination of Discrimination against Women and the general comment on
the position of aliens under the International Covenant on Civil and Political Rights issued by the
Human Rights Committee.24
39. The international legal framework applicable to the protection of children in the context of
migration is complemented by a number of resolutions adopted by the Commission on Human
Rights, the Human Rights Council and the General Assembly. Special mention should be made
of Council resolution 9/5, in which the Council expressly recognizes the vulnerability of migrant
children and calls upon States to protect the human rights of migrant children, particularly
unaccompanied children, ensuring that the best interests of the child are a primary consideration
in their policies of integration, return and family reunification.
40. In their resolutions on the protection of migrants, the General Assembly and the Council
call upon States to promote and protect effectively the human rights of all migrants, regardless of
their migration status, especially those of women and children, and highlight specific concerns
related to their protection. For example, the Assembly, in its resolutions 62/157 and 63/184, and
the Council in its resolution 9/5, urge States to ensure that repatriation mechanisms allow for the
identification and special protection of persons in vulnerable situations and take into account, in
conformity with their international obligations and commitments, the principle of the best
interest of the child and family reunification. Furthermore, the obligation of the State to respect
the human rights of the large and growing number of migrants, especially women and children,
who place themselves in a vulnerable situation by attempting to cross international borders
without the required travel documents, is recognized by the Assembly in its resolutions 63/184
and 62/157 and the Council in its resolution 9/5.
21
See, inter alia, the fourth Geneva Convention relating to the Protection of Civilian Persons in
Time of War (1949), art. 24.
22
Slavery Convention of 1926, as amended in 1953.
23
The International Labour Organization (ILO) has also adopted relevant legal instruments,
such as the Declaration on Fundamental Principles and Rights at Work (1998).
24
See HRI/GEN/1/Rev.8.